SA国际影视传媒凌别辫谤别丑别苍蝉颈产濒别.SA国际影视传媒
SA国际影视传媒淭谤辞耻产濒颈苍驳.SA国际影视传媒
SA国际影视传媒淎 miscarriage of justice.SA国际影视传媒
Justice Karan Shaner didnSA国际影视传媒檛 hold back in admonishing the Town of Norman Wells for providing incomplete, SA国际影视传媒渟loppy,SA国际影视传媒 and SA国际影视传媒渄ownright misleadingSA国际影视传媒 information in an ongoing lawsuit against ex-mayor Nathan Watson and former senior administrative officer Catherine Mallon.
Both Watson and Mallon, who are accused of defrauding the town out of $1.25 million, had their assets frozen in May following an application brought forth by the town.
The injunction, invoked only when a judge is convinced there is a risk of a defendant moving assets or absconding before a civil judgement is made, was granted by Justice Andrew Mahar. At the time of the application, legal counsel for the town indicated Watson and Mallon had likely absconded, citing an inability to locate them to serve notice of the legal action.
In granting the order, Mahar relied on materials submitted by the town: a statement of claim and a sworn affidavit from current Norman Wells SAO Cathy Clarke.
Clarke alleged the defendants committed fraud by concealing a November 2016 amendment to MallonSA国际影视传媒檚 employment contract from town council, and by misappropriating funds for their personal gain through improper expense and overtime claims. Clarke and the town alleged some of the misappropriated dollars were relayed by Mallon to Watson to purchase semi-trucks for his business.
But as the court heard Wednesday, the town failed to provide key disclosure in an application that ultimately froze the assets of Watson and Mallon for months - a move their respective lawyers said had devastating consequences for the pair.
ClarkeSA国际影视传媒檚 affidavit relied heavily on what she described as a SA国际影视传媒渇orensicSA国际影视传媒 audit - a report, not provided to Mahar, drafted by an accounting firm - to back up the townSA国际影视传媒檚 allegations of fraud.
In July 2017, a MACA-appointed inspector probed the townSA国际影视传媒檚 bylaws, policies and financial and administrative records from Jan. 1, 2015 to July 31, 2017, following conflict of interest and breach of confidentiality complaints and allegations of improper council procedures, Mallon's lawyer, Matthew Woodley, said.
The review found no evidence of fraud on the part of Mallon during that period, the court heard.
Rather, inspector John Hazenberg praised her performance, according to his affidavit.
But Mahar never saw the report. It wasnSA国际影视传媒檛 included in the townSA国际影视传媒檚 disclosure.
In her sworn affidavit, Clarke alleged Watson signed a new employment contract for Mallon behind closed doors, without town councilSA国际影视传媒檚 knowledge. In October, when questioned about her alleged knowledge of the backroom deal under cross-examination by MallonSA国际影视传媒檚 lawyer, Clarke said the claim was based on the fact she hadnSA国际影视传媒檛 seen any indication the contract had been approved by council.
SA国际影视传媒淎nd because you haven't seen an indication that it was approved you've reached the conclusion that it was intentionally withheld; is that correct?SA国际影视传媒 asked Woodley.
SA国际影视传媒淵es,SA国际影视传媒 replied Clarke, a transcript of her cross-examination shows.
Questioned further by Woodley, Clarke went on to admit she had no knowledge of any illlegitimate payments to Watson, nor did she have any knowledge WatsonSA国际影视传媒檚 trucking company benefiting from the alleged fraud.
Furthermore, the court heard there was nothing to support the relied-upon report being qualified as aSA国际影视传媒渇orensicSA国际影视传媒 audit.
Shaner, left SA国际影视传媒渆xtremely troubledSA国际影视传媒 by ClarkeSA国际影视传媒檚 discrepancies and omissions made by the town, noted the report was only a draft.
It was never finalized - a fact Clarke confirmed under cross-examination.
SA国际影视传媒淗ad the whole picture been in front of judge, I doubt very much the order would have been granted,SA国际影视传媒 lamented Shaner.
Shaner, stressing the need to deter the kind of behaviour that led to a "miscarriage of justice,SA国际影视传媒 in this case, ordered the Town of Norman Wells to cover solictor-client costs racked up by the defendants during the course of the freeze order, a step rarely seen.
Mallon, sitting in court, was visibly emotional throughout the hearing. She broke down in tears when the order - after seven months - was lifted.
As a result of the allegations and the subsequent freezing of MallonSA国际影视传媒檚 assets, Woodley told the court his client has had her reputation tarred - rendered unemployable and restricted from accessing her own property.
Order had 'profound' impact on Watson
Watson, clutching a ballcap with the words "Read the Transcript" emblazoned on it, wiped away tears in court.
"I was emotional in the courtroom because this has had a profound effect on not just my life, but my kids, my friends, my friend, everyone who cares about me and knows about me," Watson told SA国际影视传媒 outside the courthouse Wednesday.
Watson said the order, which halted activity with his trucking business, hurt him and his family fianicially. He's spent "tens and tens of thousands," in legal fees. Watson said he's often called a thief online.
"Clearly itSA国际影视传媒檚 tough to get behind the guy whose name has been splashed across the front page as the guy who stole 1.2 million from the town he was mayor of," said Watson.
Watson continues to "categorically" deny any wrongdoing in relation to the ongoing fraud case.